Who to return the security deposit to. - Landlord Forum thread 360018

Who to return the security deposit to. by Chris on December 10, 2019 @14:56

I have a rental in CA where there were two people on the lease - boyfriend/girlfriend. After living there for over a year, they got in a fight and the girlfriend left with no notice. The girlfriend had paid the security deposit. The girlfriend was demanding the security deposit back, but the boyfriend stayed on as a tenant (he was the one who always paid the rent). Now a little more than a year later, the boyfriend is moving out. He wants the full security deposit back. Who is entitled to get the security deposit back in this situation. Does it get split between them. Is the last tenant entitled to all of whatever is to be refunded? Both of their names were on the original lease agreement.

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Re: Who to return the security deposit to. by Garry on December 10, 2019 @23:02	[ Reply ]

First, and in my opinion, I don't believe there are any state LL/T laws in the country that address who or why somebody takes presidence over another person in the return of a security deposit. What I have done in these situations, is return any security deposit that a T is to get back, to the last one out the door. Then the BF/GF can fight it out as to who gets what, AFTER they are both long gone from my rental. However, if you want to, you could send each former T, one half of the returned deposit, and let them fight it out from there. Remember, regardless of which one of them actually paid the original deposit, it benefited BOTH of them, by allowing them to move in TOGETHER as a "couple". So, in the end they will BOTH be benefiting from the return of deposit to each of them.

Re: Who to return the security deposit to. by lpadave on December 11, 2019 @06:38	[ Reply ]

The Lease is the contract between you and both of them, jointly and severally. Irrespective of who pays what or when,...to you,...the return check for the security deposit settlement balance from you to them is made payable exactly as the Lease was written. If both signed the lease as tenants, make the check out to both names. It's their circus,....let them work it out.

Re: Who to return the security deposit to. by AnonymousFL on December 11, 2019 @14:24	[ Reply ]

lpadave is spot on correct on this one. Gary...not so much (sorry Gary). Since the lease is a joint lease, it is best to address the security deposit to all of the names on the lease such as "boyfriend AND girlfriend". That way they both have to endorse the check to cash it..which means they have to come to some agreement. Best to not get in the middle of their drama.

Re: Who to return the security deposit to.

Re: Who to return the security deposit to. by Chris on December 11, 2019 @18:15	[ Reply ]

I want to thank those who have responded, but also add some additional information. Yes, when the GF left, it was ugly. I'm sure they are not speaking to each other and don't want to. I don't believe there is a restraining order, as both moved out of the area when they moved out and are nowhere near each other now. This also complicates returning the check made out to both, as one would have to sign and then send to the other, and both will try not to let the other have anything. I am inclined in this situation to split the refund and send 1/2 to each, but this seems to be a rather gray area with no clearly defined guidelines.